Current through February 27, 2024
(a) An owner or
operator must obtain a prevention of significant deterioration (PSD) permit
under this section before beginning actual constriction of a new major
stationary source, a major modification, or a PAL major modification.
(b) To satisfy the requirement of (a) of this
section, the owner or operator must comply with the requirements of
40 C.F.R.
52.21, adopted by reference in
18 AAC 50.040 with the following
changes:
(1) in
40 C.F.R.
52.21,
(A)
the term "administrator" means
(i) "federal
administrator" in 40 C.F.R.
52.21(b)(17), (b)(37), (b)(43),
(b)(48)(ii) (c), (i)(1)(x),
(l)(2), and (p)(2); and
(ii)
"department" elsewhere;
(B) the term "national ambient air quality
standard" means an ambient air quality standard set out in
18 AAC 50.010 for this
state;
(C) the term "ambient air
increment" or "maximum allowable increase" means a maximum allowable increase
set out in Table 3 in
18 AAC 50.020(b),
calculated as described in
18 AAC 50.020;
(2) exclusions from increment
consumption apply to the maximum extent allowed under
18 AAC 50.215(b)
(2);
(3) in
40 C.F.R.
52.21(i)(1)(xi), each
reference to the date "July 15, 2008" is replaced with "December 9,
2010."
(c) The
department will issue each permit under this section following the procedures
and other requirements of AS 46.14, and of
40 C.F.R.
51.166(f) and (q)(2), and
40 C.F.R.
52.21, as adopted by reference in
18 AAC 50.040, with the following
additions and exemptions:
(1) the date of
receipt of the application is the date that the department has received all
required information under
AS
46.14.160 and this section;
(2) the department will provide at least 30
days for the public to comment, and upon its own motion or upon a request in
accordance with
18 AAC 15.060, will hold a public
hearing on the application as described in
18 AAC 15.060(d)
- (h);
(3) if requested by the
owner or operator of a stationary source or modification that requires both a
PSD permit and a Title V permit or permit modification, the department will
integrate review of the operating permit application or amendment required by
18 AAC 50.326 and the PSD permit
application required by this section; a PSD permit application designated for
integrated review will be processed in accordance with procedures and deadlines
described in
18 AAC 50.326.
(d) In each PSD permit issued
under this section, the department will include terms and conditions
(1) as necessary to ensure that the permittee
will construct and operate the proposed stationary source or modification in
accordance with this section, including terms and conditions consistent with
AS
46.14.180 that require the permittee to
(A) install, use, and maintain monitoring
equipment;
(B) sample emissions
according to the methods prescribed by the department, at locations and,
intervals specified by the department, and by procedures specified by the
department;
(C) provide source test
reports, monitoring data, emissions data, and information from analysis of any
test samples;
(D) keep records;
and
(E) make periodic reports on
process operations and emissions, and reports consistent with
18 AAC 50.235 -
18 AAC 50.240; and
(2) for payment of fees consistent
with 18 AAC 50.400 -
18 AAC 50.420.
(e) A person described in
AS
46.14.200 may request an adjudicatory hearing
to challenge the issuance, denial, or conditions of a PSD permit as prescribed
in 18 AAC 15.195 -
18 AAC 15.340.
Authority:AS
46.03.020
AS 46.14.010
AS 46.14.020
AS 46.14.120
AS 46.14.130
AS 46.14.140
AS 46.14.170
AS
46.14.180